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Anonymous users2024-02-07The principle of protecting citizens' right to inherit private property is mainly manifested in the following ways:
First, all personal legal property left behind by a citizen at the time of his death is an inheritance and can be inherited by his heirs.
Second, the heir's inheritance rights may not be unlawfully deprived or restricted.
Third, the right of inheritance is absolute, and everyone has the obligation not to infringe upon. (i) Equality of inheritance rights between men and women.
(ii) Children born out of wedlock have equal inheritance rights with legitimate children.
3) To protect the interests of the elderly, young and disabled in testamentary succession and bequests.
According to the provisions of the Inheritance Law, when the decedent disposes of his property by will, the necessary share shall be reserved in the will for the heirs who lack the ability to work and have no livelihood.
4) The division of the estate must not infringe on the interests of the unborn.
According to the requirements of the Inheritance Law, when the estate is divided, the inheritance share of the fetus shall be retained to protect the children and interests born after the death of the decedent.
5) Recognition of the validity of bequest and maintenance agreements.
China's Inheritance Law specifically stipulates bequest and maintenance agreements. Citizens may enter into bequest and maintenance agreements with natural persons or collective-owned organizations that do not have a legal obligation to support them, so as to ensure the life, support, death and burial of their dependents. (1) The inheritance rights of heirs are equally protected by law.
2) The legal heirs have equal inheritance rights.
3) Inheritance issues to be handled through consultation by heirs Article 10 The inheritance shall be carried out in the following order:
First order: spouse, children, parents.
Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.
The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.
The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.
The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
Article 11: Where the children of the decedent die before the decedent, the descendants of the decedent's children are to inherit by subrogation. A subrogated heir can generally only inherit his father's or mother's share of the estate.
Article 12: Where a widowed daughter-in-law has fulfilled the primary obligation of support to her father-in-law or mother-in-law, or a widowed son-in-law to her father-in-law or mother-in-law, she is to be the first-order heir.
Article 13 The share of inheritance inherited by heirs in the same order shall generally be equal.
Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.
Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.
If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.
Where the heirs agree through consultation, it may also be unequal.
Article 14 Appropriate inheritance may be distributed to those other than the heirs who lack the ability to work and do not have a living who are dependent on the support of the deceased, or those who do not support the deceased more than the heirs.
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Anonymous users2024-02-06Legal analysis: The principles of inheritance in China are as follows: 1. The principle that testamentary succession takes precedence over statutory succession. 2. The principle of retaining the share of fetal inheritance. Third, the principle of making the best use of things.
Legal basis: Civil Code of the People's Republic of China
Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:
Siblings, grandparents, maternal grandparents. After the inheritance begins, it will be inherited by the first-order heirs, and the second-order heirs of the first branch will not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.
For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. "Brothers and sisters" as used in this Part includes brothers and sisters of the same parents Qi Min, half-siblings or half-siblings, adoptive brothers and sisters, and step-brothers and sisters who have a relationship of support.
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Anonymous users2024-02-05Inheritance has two meanings:
1) Inheritance in the objective sense. It refers to the qualification of citizens to accept the inheritance of the deceased in accordance with the provisions of the law or the designation of the will before the inheritance begins, that is, the right and ability of the heir to inherit the inheritance. That is, the right of possible inheritance in the objective sense.
2) Inheritance in the subjective sense. It refers to the de facto property rights that the heir already has over the inheritance left by the decedent when the legal conditions (i.e., certain legal facts) are met, that is, the inheritance right that already belongs to the heir and brings him actual property benefits. This kind of inheritance right is related to the subjective will of the heir, and can not only be accepted, exercised, but also waived, and is an inheritance right with a realistic property right.
The realization of the right of inheritance begins when the decedent dies or is declared dead.
Let me break it down for you. The owner of the house is your grandfather, and after his death, assuming that the house is 1, because it is the joint property of the husband and wife, the house is divided into two parts. 1 2 is your grandma's, 1 2 is your grandpa's. >>>More
Under the Inheritance Act, children include legitimate children, children born out of wedlock, adopted children and dependent stepchildren. Parents, including biological parents, adoptive parents, and dependent stepparents. Siblings, including siblings of the same parents, half-siblings, adoptive siblings, and step-siblings in a dependent relationship. >>>More
According to the law, the heir shall lose the right of inheritance under any of the following circumstances: (1) the heir intentionally kills the decedent. It should be noted that regardless of whether it is completed or not, and regardless of the motive for killing, the right to inherit the decedent himself is lost; In addition, the heir only loses the inheritance right of the decedent to whom he was killed, and not the inheritance right of a third party other than the decedent. >>>More
Children born of cohabitation have the right of inheritance, and children born out of wedlock enjoy the same rights as children born in wedlock, and no organization or individual may harm or discriminate against them. Children born out of wedlock are equally entitled to maintenance, maintenance and education, and inheritance rights. >>>More
Restitution is difficult unless the estate is not substantially distributed and all heirs agree to repent.